81804 - EUROPEAN TRANSPORT LAW

Scheda insegnamento

Anno Accademico 2020/2021

Conoscenze e abilità da conseguire

The aim of the course is to provide students with an in-depth and critical knowledge of European transport law. In order to analyse the matter also under a practical perspective, an important part of the course will be devoted to the analysis of the relevant European case-law in the transport sector. The examination of case law will include not only specific European Transport law issues, but also competition matters such as state aid and abuse of dominant position with reference to aviation and shipping sectors.

Contenuti

The Course aims to analyse the European legislation, which regulates the access to transport services and related infrastructures.

In particular, the Course will introduce the EU policies and guidelines in the field of transport and their intersections with many other relevant aspects, such as competition and consumer/user rights.

Course programme

1. Air services (Air services in Europe, bilateral agreement with non-EU Countries; Regulation 1008/2008/EC: common rules for air services operations in the Community; Air Passengers’ rights: the 1999 Montreal Convention; Compensation for denied boarding, cancellation or long delay of flights, Regulation 261/2004/EC; Single European Sky; Competition issues; Aviation Product liability; Aviation Insurance issues and cyber risk; Towards a new legislation on civil drones).

2. Transport infrastructures (Airport definition; Airports management system; Ground-handling services; Essential facilities doctrine; Ports and port services).

3. Maritime services (Maritime services in Europe; Marine Insurance: the basic principles of insurance law and the case law governing the shipping industry. The clauses commonly used in the London Market including Hull, Cargo, Liability).

4. Road services (Regulatory framework; Conditions and requirements for the provision of road services).

The course programme is suggested also for Erasmus students.

Testi/Bibliografia

Lessons will be based primarily on "Introduction to European Union internal market law", Margherita Colangelo and Vincenzo Zeno-Zencovich, Third Edition, Ed. 2019, freely available on the following website Link, and slides and articles provided by Professor Masutti.

Further recommended reading "The Aviation & Space Journal", provides updates on recent legislation and jurisprudence at a national, European and International. ("The Aviation & Space Journal", PDF file available at the following website: www.aviationspacejournal.com ), edited by Professor Masutti.

The students could publish articles on the Journal subject to the evaluation of the ASJ Board of Editors.

Metodi didattici

The teaching methods will be based on frontal lessons. Considering the characteristics of the course, attendance is highly recommended.

Attendance will be verified by signature of a roll. Continued attendance will result in shortening of the course.

The lectures are interactive and students are expected to participate in the discussions (Socratic Method).

The course also provides seminars and conferences held airport and air carrier managers, in-house lawyers, capable of giving a concrete and practical approach.

Students could evaluate with the Professor the possibility to participate in Moot Courts organized by the Sarin Memorial Legal Aid Foundation from India and the International Institute of Air and Space Law of Leiden University in the Netherlands (www.iiasl.aero ).

Course materials may be also found on-line on AlmaDL web portal, periodically updated.

The lessons of the first semester will be provided as described at the following Internet address: https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

La Prof.ssa Masutti il venerdì non tiene lezione.

THESIS

The topic has to be decided with the Professor.

Modalità di verifica dell'apprendimento

Students not attending the course

Oral exams will be held for each academic year and will be based of three questions per candidate relating to the entire Course programme described above.

Students attending the course

Students attending at least 50% of the lessons will be questioned on ONE subjects (out of THREE questions) related to the following chapters:

1. Air Services in EU and bilateral air service agreements with non-EU Countries;

2. Air carrier liability-the 1999 Montreal Convention;

3. Marine insurance;

4. Road Services.

Afterwards the students shall present a personal research on a specific topic (chosen by the student and, anyway, different from the subject of the chosen chapter for the question) relating to European Transport law.

The evaluation will be done taking into consideration the capability of critical analysis and acknowledge of the subjects.

 

Strumenti a supporto della didattica

Video projector, overhead projection, slides, PC.

Orario di ricevimento

Consulta il sito web di Anna Masutti